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Court awards foul

By Cam Lucadou-Wells

Dandenong Basketball Association has launched an independent review after a coach was awarded an intervention order against a refereeing senior official for harrassment.
Junior coach Josh Henshaw, of Berwick, was granted a final personal-safety intervention order against DBA referees adviser Allan Manhire at Dandenong Magistrates’ Court on 21 December.
Mr Manhire – a former Victoria Police officer – was barred from approaching the coach for 18 months.
DBA chief executive Graeme Allen said the review would look at policies, procedures and “training and education” of staff.
“it’s a situation we’ve taken most seriously.
“I wasn’t party to (the case) but if you look at the findings by the magistate, we could have managed things better.”
After a two-day hearing, magistrate Mary-Anne MacCallum found that Mr Manhire spent a “disproportionate” amount of observing Mr Henshaw and his teams.
On one occasion, Mr Manhire used his personal phone to film the coach as well as girl players at a game, allegedly in breach of protocols, she said.
He had also harassed Mr Henshaw by interrupting and verbally abusing the coach during a game on 4 March. After the game, he yelled and taunted the coach, the judge found.
Mr Manhire had spent an “inappropriate focus” on the “policing function” of his role, the judge found. His conduct was described as “protracted, intrusive and unjustified”.
She was not satisfied that Mr Manhire acted without malice and within his role as referee adviser. His primary duty was to encourage, educate and evaluate all referees.
“It is destructive behaviour that has had the effect of seriously damaging the applicant’s participation in a sport in which he has had a lifetime commitment,” Ms MacCallum said.
Mr Manhire denied he’d focused disproportionately on the coach, claiming he’d had four conversations with him in 10 years.
The judge said Mr Manhire’s evidence was “carefully manufactured”. He “played down” his knowledge about the coach yet formed a view that the coach was “consistently bad”, the judge noted.
In court, several parents and a DBA referees supervisor, Ryley Wood, supported Mr Henshaw’s character and performance.
The judge rated them as highly credible, independent and strong witnesses.
She noted that no referee had ever awarded a technical foul against Mr Henshaw.
Meanwhile, on 8 February, Mr Henshaw won an injunction against an 18-month ban from coaching and basketball venues.
He had been charged with misconduct arising from a complaint lodged by Mr Manhire.
Ms MacCallum found it was reasonably arguable that the Basketball Victoria independent tribunal’s rulings including the ban itself was oppressive.
She ordered Mr Henshaw and Basketball Victoria to mediation.
DBA’s review is expected to be completed by mid-February.

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